harsh results doctrine (New Jersey) · Go Syfert
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harsh results doctrine in New Jersey

9 New Jersey opinions name it 2 courts 2001–2023 1 in the last five years

The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Beauchamp v. Amediogreen
nj · 2000 · cited in 6 New Jersey opinions naming this issue, 2005–2020
2 sentences

2020“The overall purpose of the [TCA] was to reestablish the immunity of public entities while coherently ameliorating the harsh results of the doctrine [of sovereign immunity].” Beauchamp v. Amedio, 164 N.J. 111, 115 (2000).

2019It is well-established that the purpose of the Tort Claims Act (TCA) is to "reestablish the immunity of public entities while coherently ameliorating the harsh results of the doctrine." Beauchamp v. Amedio, 164 N.J. 111, 115 (2000) (citing N.J.S.A. 59:1-2).

56
Alston v. City of Camdengreen
nj · 2001 · cited in 2 New Jersey opinions naming this issue, 2017–2023
2 sentences

2023The TCA was “designed to reestablish the immunity of public entities while relieving some of the harsh results of the doctrine of sovereign immunity.” Alston v. City of Camden, 168 N.J. 170, 176 (2001) (quotation omitted).

2017The TCA was "designed to reestablish the immunity 9 A-0220-15T2 of public entities while relieving some of the harsh results of the doctrine of sovereign immunity." Alston v. City of Camden, 168 N.J. 170, 176 (2001) (citation omitted).

22
Lowe v. Zarghamigreen
nj · 1999 · cited in 1 New Jersey opinions naming this issue, 2019–2019
1 sentence

2019The notice requirements of the TCA "were not intended as a 'trap for the unwary.'" Lowe v. Zarghami, 158 N.J. 606, 629 (1999) (citation omitted).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Brill v. Guardian Life Insurance Co. of America green
nj · 1995
2 sentences

2001But the ultimate factfinder may pick and choose inferences from the evidence to the extent that "a miscarriage of justice under the law" is not created. [ 142 N.J. at 536 , 666 A. 2d 146 ] In 1972, the Legislature enacted the Tort Claims Act, N.J.S.A. 59:1-1 to 59:123. *505 The purpose of the Act was to reestablish the immunity of public entities while relieving some of the harsh results of the doctrine.

2001But the ultimate factfinder may pick and choose inferences from the evidence to the extent that "a miscarriage of justice under the law" is not created. [ 142 N.J. at 536 , 666 A. 2d 146 ] In 1972, the Legislature enacted the Tort Claims Act, N.J.S.A. 59:1-1 to 59:123. *505 The purpose of the Act was to reestablish the immunity of public entities while relieving some of the harsh results of the doctrine.

12001–2001

Statutes the citing opinions construe

NJ § N.J. Stat. § 59:1-1 (4) NJ § N.J. Stat. § 59:1-2 (4) NJ § N.J. Stat. § 59:8-8 (3) NJ § N.J. Stat. § 59:8-9 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NJ 9 (2001–2023) IL 5 (1989–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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